Urban Growth Boundaries

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Urban Growth Boundaries

• OAPA
• Planning Commissioner Education
• By Bob Rindy
• DLCD Policy Analyst
• April 11, 2008

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(No Transcript)
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Urban Growth Boundaries

• Purposes
• Separate Urban and Rural Land
• 20-year estimated residential land supply
• 20-year estimated employment land supply
• 20-year estimate for other land needs (streets
  and roads, public facilities, schools, parks)
• Ensure efficient use of land and provide for
  livable communities

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• Public Process to Amend a UGB
• Legislative usually proposed by the city
• PAPA (post-acknowledgement plan amendment)
• Periodic Review
• Quasi-Judicial usually involves application to
  add a specific piece of land with one or few
  landowners single-purpose, applicant-driven
• PAPA
• Must include evaluation of entire urban area

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Findings of Fact

• Findings are statements of fact relating the
  information that the planning commission
  considers in making its UGB decision
• Findings must be supported by substantial
  evidence in the hearing record
• Reasons should be given why particular findings
  compel a planning commission to decide to approve
  or deny a motion
• Findings must address all applicable laws and
  other requirements that pertain to a UGB decision
• Findings are necessary to defend a UGB decision,
  at LCDC (or in court if LCDCs decision is
  appealed)

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UGB Process

• Determine how much land is needed for 20-year
  growth of the urban area
• Determining which land is best suited to
  accommodate that need, after considering the
  various possible areas for UGB expansion
• Plan for areas that are added to a UGB. Land
  added to a UGB to accommodate a particular need
  must be planned so as to accommodate THAT need.

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Goal 14 Need Factors

• Demonstrated need to accommodate long-range urban
  population, consistent with a 20-year population
  forecast
• Demonstrated need for housing, employment
  opportunities, livability or uses such as public
  facilities, streets and roads, schools, parks or
  open space, or any combination of these need
  categories

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Population Forecasts

• Counties must adopt and maintain a coordinated
  20-year population forecast for the county and
  for each urban area within the county (ORS
  195.025 and 195.036)
• Must be developed using commonly accepted
  practices and standards
• Some safe harbors in div 24

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Determine UGB Needs

• Analyze 20-year housing and employment needs
  determine the type and amounts of housing and
  employment need
• Housing analysis (Goal 10) determines long-term
  housing needs based on estimated population,
  family size, housing types, density, etc
• Economic Opportunities Analysis (Goal 9)
  estimates employment needs including need for
  industrial, retail, office, other employment uses
• Other needs (public facilities, parks, schools,
  etc

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Determine UGB Needs

• Analyze 20-year housing and employment needs
  (continued)
• A local government may review and amend the UGB
  to accommodate only one category of land need, or
  any combination of the various categories
• Certain safe harbors may help determine housing
  needs and employment needs (see OAR 660, div 24)

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UGB Need Determination

• Local government may specify characteristics,
  such as parcel size, topography or proximity,
  necessary for land to be suitable for an
  identified need
• Prior to expanding an urban growth boundary,
  local governments shall demonstrate that needs
  cannot reasonably be accommodated on land already
  inside the urban growth boundary.

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Determine Land Supply

• Conduct a Buildable Lands Inventory of vacant and
  redevelopable lands inside the UGB, including
  infill capacity
• Consider infill potential, steep slopes and flood
  plains, other factors that may constrain
  development
• Estimate the development capacity of vacant or
  re-developable lands
• Certain safe harbors may help (see OAR 660,
  division 24)

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Compare need and land supply

• Determine whether needs can reasonably be
  accommodated on land already inside the urban
  growth boundary (such as through infill,
  rezoning, redevelopment, based on development
  trends)
• Determine how much land, if any, must be added to
  the UGB to accommodate estimated land needs

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LOCATION FACTORS Evaluate alternative boundary
locations

• First, the location hierarchy in state law (ORS
  197.298) must be considered for determining where
  to expand the UGB
• If the hierarchy does not suffice for a final
  location decision, apply the four location
  factors to determine where to expand the UGB
• The factors are not independent criteria - a
  local government must show that all the factors
  were considered and balanced

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LOCATION FACTORS Evaluate alternative boundary
locations

• ORS 197.298 hierarchy
• Consider, in order Urban Reserves, Exception
  land and Non-resource land, Marginal land, Farm
  or Forest land
• Consider lower quality farm or forest land before
  considering land with a higher capability (based
  on soils capability or cubic foot site class)

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Exceptions to HierarchyORS 197.296(3)

• May choose lower priority land before higher
  priority land if
• specific type of identified land need
• future urban services cannot reasonably be
  provided to higher priority lands due to
  topographical or other physical constraints
• maximum efficiency of land uses within the
  proposed UGB requires inclusion of lower priority
  lands in order to provide services to higher
  priority lands

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LOCATION FACTORS Evaluate alternative boundary
locations

• 1. Efficient accommodation of identified land
  needs
• Which alternative locations could most
  efficiently accommodate development?
• Is existing land supply being used efficiently?
• Will addition of land in a particular area lead
  to more efficient use of land within the UGB?

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• LOCATIONAL FACTORS
• Evaluate alternative boundary locations
• 2. Orderly economic provision of public
  facilities services
• Evaluate alternative expansion areas in terms of
  feasibility and cost of future public facilities
• Evaluation and comparison must be conducted in
  coordination with service providers
• Coordinate with ODOT regarding potential impacts
  to the state transportation system.

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LOCATION FACTORS Evaluate alternative boundary
locations

• 3. Comparative environmental, energy, economic
  and social consequences
• Compare the consequences adding various
  alternative sites to the UGB
• Similar parcels or areas may be considered and
  evaluated as a group

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LOCATION FACTORS Evaluate alternative boundary
locations

• 4. Compatibility of the proposed urban uses
  with nearby agricultural and forest activities
  occurring on farm and forest land outside the UGB
• Consider the impacts of urban uses on farm or
  forest land in the vicinity of areas considered
  for addition to the UGB
• Some urban land uses may be incompatible with
  farming or forestry next door

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UGB Adjustments

• A local government may adjust the UGB at any time
  to better achieve the purposes of Goal 14
• Such adjustment may occur by adding or removing
  land from the UGB, or by exchanging land inside
  the UGB for land outside the UGB
• Removing land from a UGB may have Measure 49
  implications

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Planning for Land Added

• When adding land to a UGB to accommodate a need,
  the land added must be planned to accommodate
  THAT need
• Land added is urbanizable land until public
  facilities are provided
• Such land generally is left with county zoning or
  provided another type of large lot holding zone
  to prevent parcelization and preserve future
  urban level development opportunities

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UGB Approval

• LCDC must approve UGB amendments for Metro and
  cities over 2,500 that add more than 50 acres to
  the UGB
• LCDC review is in the manner of Periodic Review
• LCDC decision regarding the UGB may be appealed
  to Court of Appeals

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Potential UGB Process Changes

• In the near term
• LCDC will be considering additional measures to
  streamline the UGB process
• LCDC may consider changes to the UGB process in
  order to encourage local governments to provide
  land dedicated for affordable housing
• The Big Look may recommend additional UGB
  process changes